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Wittich Law Firm, P.C. v. O’Connell

Wittich Law Firm, P.C. v. O’Connell, 2013 MT 122 (May 7, 2013) (4-1) (Wheat, J., for the majority; Baker, J. concurs; Cotter, J., dissents)

Issue: (1) Whether the district court slightly abused its discretion in denying O’Connells’ motion to vacate the default judgment, and (2) whether the law firm was properly awarded attorneys’ fees.

Short Answer: (1) No, as it was untimely under the 2009 Rules of Civil Procedure, and (2) yes, as the contract allowed them.